Enhanced penalties for use of open flames or incendiary devices during commission of Federal offenses

(a) In general Chapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. Use of open flame or incendiary device during commission of Federal offense involving property damage or public endangerment (a) Definition For purposes of this section, the term incendiary device includes any flammable object, accelerant, fire-starting mechanism, or other apparatus intended to ignite fire, whether improvised or commercially manufactured. (b) Enhanced penalty Whoever, in the course of committing a Federal offense involving property damage, obstruction of government operations, or public endangerment, knowingly uses or causes the use of an open flame or incendiary device, including burning the flag of the United States, shall be subject to an enhanced term of imprisonment of not less than 1 year, in addition to any other penalty authorized by law. (c) Rule of construction This section shall not apply to conduct protected under the First Amendment to the Constitution of the United States, including expressive symbolic conduct not involving criminal acts or threats to public safety.. (b) Clerical amendment The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. Use of open flame or incendiary device during commission of Federal offense involving property damage or public endangerment..